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11 Cards in this Set
- Front
- Back
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When is evidence logically relevant?
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Evidence is logically relevant if it has ANY tendency to make the existence of any fact that is of consequence to the determination of the action more or less probative than it would be without the evidence.
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When can logically relevant evidence be excluded and who can exclude it?
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A trial judge has broad discretion to exclude relevant evidence if its probative value is substantially outweighed by its prejudicial effect.
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When would evidence be determined to be unfairly prejudicial?
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Evidence is unfairly prejudicial if it will bias the jury, confuse the jury, waste time, or unduly delay the proceeding.
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What is hearsay?
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Rule 801: Hearsay is statement, other than the one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted.
Hearsay statements are generally inadmissible because the veracity of the witness at the time the statement was made cannot be tested. |
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What sort of statements are NOT hearsay?
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Prior statements by witnesses
AND An opposing party's statement |
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How can Character Evidence be offered?
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(1) Evidence of specific acts;
(2) Opinion testimony of a witness who knows the person; (3) Testimony as to the person's general reputation in the community. |
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Objection: Assumes Facts Not in Evidence!
What does this mean? |
A question may not assume as true, any fact not yet introduced into evidence.
Make this during the opening statements. |
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Objection: Lacks Foundation!
What does this mean? |
An attorney cannot ask the witness to answer a question for which he or she lacks knowledge or experience in.
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Objection: Speculation!
What does this mean? |
A witness may not offer testimony based on speculation or conjecture.
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Objection: Lacks Personal Knowledge!
What does this mean? |
A witness may only testify to facts that are within his or her personal knowledge.
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Objection: Calls for a Narrative!
What does this mean? |
Proper questions should be specific enough to allow the witness to answer only on specific subjects.
Use this when the opposing party is asking a broad and general question. |
